By Ayomide Otitoju
Osun State Governor Ademola Adeleke has filed a ₦2 billion lawsuit against the Economic and Financial Crimes Commission (EFCC) over the freezing of the state government’s Federal Statutory Allocation Account.
The suit, filed before the Federal High Court in Abuja, also lists the Attorney General of Osun State and the state’s Accountant General as the second and third plaintiffs.
The EFCC, its Chairman and First Bank Nigeria Limited are named as the first to third defendants in the originating summons filed by a legal team led by M. T. Adekilekun, SAN.
The plaintiffs are challenging the legality of the EFCC’s directive to freeze, restrict or place a “post no debit” order on Osun State’s statutory account, arguing that such action was taken without a valid court order.
They specifically questioned whether the EFCC and its chairman had the legal authority, under the 1999 Constitution, the EFCC Establishment Act and the Money Laundering (Prevention and Prohibition) Act, to interfere with the account without first obtaining and serving an order from a competent court.
The suit also challenges a letter dated August 5, 2026, with reference number CR:3000/EFCC/ABJ/HQ/PFS/TA/OSUN/VOL.17/666, through which the EFCC allegedly directed First Bank to restrict the account.
The plaintiffs argued that the action amounted to an unlawful exercise of executive power, a violation of due process and an interference with the constitutional functions of the Osun State Government.
They further questioned whether First Bank, as the state government’s banker, could lawfully restrict access to the account solely on the basis of an administrative directive from the EFCC without a valid and specific court order.
The plaintiffs are asking the court to declare the defendants’ actions “unlawful, unconstitutional, ultra vires their powers, null and void, and of no effect whatsoever.”
They are also seeking an order directing First Bank to immediately unfreeze the account, remove all restrictions and restore the Osun State Government’s unrestricted access to the funds.
In addition, the plaintiffs want a perpetual injunction preventing the EFCC and its chairman from freezing, restricting or otherwise interfering with the state’s statutory account without following due process of law.
They are also seeking an injunction restraining First Bank from acting on any EFCC directive to restrict the account except in accordance with the law.
The plaintiffs further asked the court to award ₦2 billion in exemplary and aggravated damages over what they described as unlawful interference with public funds, as well as litigation costs.
No date has been fixed for the hearing of the suit.
The legal action came shortly after President Bola Tinubu directed the EFCC to immediately approach the court to unfreeze the Osun State Federal Statutory Allocation Account.
The EFCC had earlier confirmed that it froze the account, saying the action was aimed at preventing the movement of public funds allegedly under investigation and was not connected to the forthcoming election.
The commission said it had been investigating the Osun State Government since March 2026 over alleged fraudulent handling of ecology funds, intervention funds and Federal Account Allocation Committee (FAAC) funds estimated at ₦11 billion.
Governor Adeleke, however, described the EFCC’s action as unconstitutional.
Amid the controversy, President Tinubu directed the EFCC to vacate the order freezing the state government’s account.
In a statement issued personally on Thursday, Tinubu said he was “deeply embarrassed” not by the EFCC’s exercise of its mandate, which he said was backed by a court order, but by the timing of the agency’s action.
